Annulments, Justice, and Marital HealingDR. RICHARD FITZGIBBONS, M.D.
Given all the recent talk about divorce, remarriage, and reception of Communion in Rome, it’s urgent to think once more about annulments.
Some believe that this severe stress upon marriage tribunals led to a "rubber stamp" approach, as tribunals tried to clear the cases quickly without attending to the demands of law and justice. John Paul II regularly expressed concern about the granting of annulments, particularly in the United States, where 6 percent of the world's Catholic population accounted for 80 percent of annulments.
My experience with Catholic couples suggests a failure of justice toward many spouses, children, and the marriage sacrament in annulment decisions. A typical example: a spouse with young children, low levels of marital conflict, severe family of origin conflicts in the petitioner, and financial stresses who left the marriage for an adulterous relationship. This spouse refused counseling with a priest or with a marital therapist primary because of the relationship. In spite of the Tribunal's knowledge of all this, it granted an annulment.
This might have been fully resolved had the Tribunal taken a different approach. Dr. Howard Markham, a marriage scholar at the University of Denver, believes most divorces and most marital unhappiness can be prevented, which is also my clinical experience over the past thirty-five years.
Several steps need to be taken so that justice is done and the sacrament of marriage, spouses, children, and the culture are protected. Most importantly, the spouse who seeks an annulment should not be permitted to enter into the process until there is clear knowledge as to how this person's emotional weaknesses and conflicts contributed to the marital stress and the divorce. In addition, the petitioner should be required to demonstrate that at least two years of effort and hard work have occurred in addressing the petitioner's weaknesses and those in the other spouse.
Ideally, a parish priest would be involved in the divorce prevention process and require that the couple attend a Retrouvaille program. Also, a couple could be referred to a marital therapist who is loyal to the Church's teachings. Trustworthy therapists can be found at www.marriagefriendlytherapists.com and www.catholictherapists.com.
Such requirements are essential if justice is to be served: too often, the petitioner presents himself/herself as a victim of the other spouse's purported psychological or spiritual conflicts. In fact, conflicts emerge at every stage of marriage in varying degrees and can be resolved if each spouse is willing to work on growth in self-knowledge and in virtues and grace – and if the couple has support within the Catholic community.
Such actions by tribunals are a grave offense against justice and the sacrament of marriage. Tribunal staffs need an appreciation for psychological science, which demonstrates that marital conflicts can be resolved, even if a divorce has already occurred.
One faithful, loyal spouse whose husband gave in to blind, selfish ambition recently wrote:
Her husband refused to explore why he gave selfish ambition in his career and failed to value and give himself to the sacrament of marriage and their children. It is no surprise that this man feels entitled to an annulment. Sadly, it may well be granted to him without digging into causes. His two children have serious psychological conflicts because of their father's infidelity.
I would like to balance this call for justice with mercy. There are legitimate cases for annulment by petitioners who have suffered gravely because of a spouse who did not understand marriage or act properly. These petitioners should be given pastoral care along with the legal proceedings because of their emotional "wounds" which may have been occurring for years.
Tribunal staffs and priests would benefit from ongoing educational programs on the profound wisdom on John Paul II on the sacrament, and the psychological science that demonstrates marital healing can occur.
As the pope told the Roman Rota in 2002: "Whenever a couple is going through difficulties, the sympathy of Pastors, and of the other faithful must be combined with clarity and fortitude in remembering that conjugal love is the way to work out a positive solution to their crisis. Given that God has united them by means of an indissoluble bond, the husband and wife by utilizing all their human resources, together with good will, and by, above all, confiding in the assistance of divine grace, can and should emerge from their moments of crisis renewed and strengthened."
Soli Deo Gloria
Dr. Richard Fitzgibbons, M.D. "Annulments, Justice, and Marital Healing." The Catholic Thing (March 12, 2014).
Reprinted with permission from The Catholic Thing. All rights reserved. For reprint rights, write to: firstname.lastname@example.org.
The Catholic thing — the concrete historical reality of Catholicism — is the richest cultural tradition in the world. That is the deep background to The Catholic Thing which daily brings you an original column that provides fresh and penetrating insight into the current events affecting the Church, along with other commentary, news, analysis, and — yes — even humor. Our writers include some of the most seasoned and insightful Catholic minds in America: Robert Royal, Brad Miner, James V. Schall, S.J., Hadley Arkes, Francis J. Beckwith, Mary Eberstadt, Austin Ruse, George Marlin, William Saunders, and many others.
Richard Fitzgibbons, is the director of the Institute for Marital Healing in West Conshohocken, Pa. He teaches at the John Paul II Institute for Studies on Marriage and Family in Washington, D.C., and is a consultant to the Congregation for the Clergy at the Vatican. He is the co-author with Robert Enright, of Helping Clients Forgive: An Empirical Guide: An Empirical Guide for Resolving Anger and Restoring Hope, 2000, American Psychological Association Books. He co-chaired the task force of the Catholic Medical Association that produced the document, "Homosexuality and Hope." His website is maritalhealing.com.
Copyright © 2014 The Catholic Thing
Not all articles published on CERC are the objects of official Church teaching, but these are supplied to provide supplementary information.